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Thread: DUI conviction impact on H1-B or Green Card

  1. #1
    I was recently arrested for a DUI and am worried that it will affect my ability to extend my H1-B visa or have an impact on my green card processing. I have not yet been convicted and am thinking of fighting the arrest depending on the answer to the above. Anyone know if there are implication and if so what they are/could be

    Thanks

  2. #2
    I was recently arrested for a DUI and am worried that it will affect my ability to extend my H1-B visa or have an impact on my green card processing. I have not yet been convicted and am thinking of fighting the arrest depending on the answer to the above. Anyone know if there are implication and if so what they are/could be

    Thanks

  3. #3
    Yes, it will have implications. I am not sure of the severity, maybe some other folks can add to this.

  4. #4
    In my recent I-130 interview the officer asked me whether I ever had a DUI? He said, because of my prior implications, which are now no longer, it would cause problems if I would have something as simple as a DUI on my records.

    I answered: I don't drink and drive!

    Reminds me: When I took my divers license test here in the US, I think at least 50% of all the questions where alcohol related. I walked out of that office thinking, what was that? A traffic test????
    “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

  5. #5
    DUI is not a CIMT, it's not an AF, well that's true for most DUI's. So, as long as it's just a simple (no intent) DUI, it *should* NOT impact your application unless you have a pattern of convictions.

    -THIS IS NOT LEGAL ADVICE-

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by sfsfnow:
    I was recently arrested for a DUI and am worried that it will affect my ability to extend my H1-B visa or have an impact on my green card processing. I have not yet been convicted and am thinking of fighting the arrest depending on the answer to the above. Anyone know if there are implication and if so what they are/could be

    Thanks </div></BLOCKQUOTE>

    Hi Sfsfnow,

    I have to say that you were not smart drinking and driving. Not sure how it will impact your ability to get a green card, but I hope it opened your eyes to the fact that you need to obey laws. DUI can have dire circumstances. Please don't let it happen again. Ever heard of designated drivers? It's a great practice!

  7. #7

    Join Date
    Jun 2008
    Location
    Originally from: Galaxy of Centaurus A (also known as NGC 5128)
    Posts
    926
    DUI in tself is not a roadblock to PR, nor cause to rescind one.
    I think many would recall Supreme Court ruling on DUI (or DWI?) where Justices ruled that such offence doesn't make one deportable under INA.

    It doesn't mean, of course, that one should drink and drive.
    God forbid, should you cause any irrepearable damage then it will be a whole different b.all game.
    Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

    -- Sabuntium The Great


  8. #8
    DUI WILL Have a Great Affect on Processing, It Will Cause Difficulties In The Here and Now! Definitely Fight It! But If The OP Took That Chance It Can Be Damaging And Hinder The Processing Dramatically! . Not Un Winable! Do Drink! Don't Drive!!! Geeezzz!!!! No Big Deal $7000 - $10,000 In Legal fees, Plus Insurance Almost Un Obtainable! Misdemeanor. If You Are seeking Status In USA Follow The Rules! Make Getting Your Status Here Priority By Being Careful And Not Jeopardizing Lives Of Others! DUI In Itself = Misdemeanor. Killing Someone While Drinking and Driving = The End Of Your Life!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  9. #9
    DUI is not a barrier to a green card, not a ground for removal. Simple DUI is usually a petty misdemeanor, and carries very little weight. However, multiple DUI convictions are indeed grounds for denial because of the medical grounds. The 9th circuit has determined that even several DUI convictions are not enough to deny a well founded application.

    However, it's the OP who will have to live with it and learn the actual implications of the conduct, beyond any immigration consequences.

    DUI may result in the death of innocent by-standers, may result in the OPs own death and injuries to others. Not the best way to end a good time with friends.

    -THIS IS NOT LEGAL ADVICE-

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
    DUI is not a barrier to a green card, not a ground for removal. Simple DUI is usually a petty misdemeanor, and carries very little weight. However, multiple DUI convictions are indeed grounds for denial because of the medical grounds. The 9th circuit has determined that even several DUI convictions are not enough to deny a well founded application.

    However, it's the OP who will have to live with it and learn the actual implications of the conduct, beyond any immigration consequences.

    DUI may result in the death of innocent by-standers, may result in the OPs own death and injuries to others. Not the best way to end a good time with friends.

    -THIS IS NOT LEGAL ADVICE- </div></BLOCKQUOTE>

    AGAIN! Where You Reside Does Matter! . You Wont Be Denied! Nor Removed! But After The System Is Finished With You In "SOME Localities" You Will Be Begging To Go BACK!!!

    Again The "COURTS" Where Many Officers And Upholders Of The Law! Regularily Do It Themselves!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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